How do I know if I have a valid claim for whiplash injury compensation?

If you have been in a car accident you may well have suffered an injury such as whiplash, struggling with limited movement, pain, discomfort and possibly unable to work or fulfill your usual activities. Whiplash is an injury associated with violent movements of the spine and upper spine. Recovering from it can be a lengthy process with physiotherapy often needed along with a great deal of patience.

Many who oppose the no win no fee personal injury claims process say that whiplash is a made up injury and abused by claimants looking for a quid or two. However, anyone who has sustained a whiplash injury knows the truth. Whiplash can cause serious pain, ongoing discomfort and prevent people living their life as usual. In some cases, people can suffer permanent injuries as a result. By seeking compensation, claimants can win a settlement to cover the pain and distress of their whiplash injuries, recover any losses (including lost wages) and access rehabilitation therapies.

Claims for whiplash compensation are usually an easy matter to resolve and can be settled within a short period, usually 3-6 months from the date a whiplash claim is started. But how can you know if you have a valid claim?

See the doctor to confirm your injuries

As with all claims for personal injury compensation, whiplash claimants need to provide sufficient evidence to support their claim. Working out whether you were at fault or in any way liable for your accident is an easy issue for us to resolve.

In order to prove that you have suffered a whiplash injury, you will need to have a professional medical diagnosis made of the symptoms you are suffering with. This can be done by visiting an A&E department or by seeing your GP.

People injured in a car accident are often not sure what to do next after such a traumatic and upsetting event. Whiplash injuries often take a few hours or even a few days to become painful, so it is often the case that victims don’t always receive immediate treatment from a doctor or hospital. However, medical evidence will be needed to support a claim for compensation and prove to the defendant that you have suffered a whiplash injury, and it will also prove the severity of your injury.

It doesn’t matter if you have not already seen your doctor or been to hospital, you can still start your claim and we advise that you do just that – don’t delay your claim for too long as it could have a negative impact on the outcome. Whiplash claimants don’t have to claim quickly, but it always helps the specialist solicitor when a claim is made at the earliest opportunity.

Making a strong, valid whiplash compensation claim

The sooner you start your claim for whiplash compensation, the sooner we can help you make sure that you have the maximum chance of succeeding with your claim. We can run through an accident claim checklist, help you to make sure that you have reported the accident to the right people and give your whiplash compensation claim the best chance of succeeding.

All accidents and claims for whiplash compensation should be reviewed on an individual basis. No two accidents are the same and with this in mind, it is vital that you seek proper advice so that you know whether or not you have a viable claim for whiplash compensation. However, there are some basic pointers that can help you identify where you stand regarding the strength of a claim or otherwise.

Have you been involved in a road traffic accident that was not your fault?

Have you developed whiplash related symptoms – stiffness in neck, shoulders and upper back, pain and discomfort?

Have you received medical treatment, seen a GP or been to A&E?

Has your doctor confirmed your injuries as whiplash?

Do you think that your whiplash related pain and discomfort will last more than a few days?

The above is nothing more than a basic guideline. Even if you answer no to some of these questions, you may still have a valid claim for whiplash injury compensation.

We understand that making a claim for whiplash compensation can be a daunting prospect. However, at Direct2Compensation we’ll explain the stages of our simple claims process and give you the confidence to proceed with your claim. Indeed, if you have any questions, you can contact us with no obligation. At Direct2Compensation we guarantee two things: Firstly, that we will never pressure you in to making a claim, and secondly, that should your claim fail, it won’t cost you a penny.

If you’re wondering about your situation, feel free to leave a question at the bottom of this article or call us on 01225 430285, or if you prefer, we can call you back.

About Ian Morris

I've been involved in the management of personal injury claims for nearly 20 years. Outside of work, I'm married with 2 beautiful daughters. I love surfing, snowboarding and spending time with my family. You can find me on Twitter.

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Questions & Answers

Nagin 30th May 2020 at 1:54 am

My children were involved in an accident, I didn’t go to the GP or hospital but did ring nhs 111. Can I still make a claim or do I need to visit the go to get a medical evidence?

I was the passenger in my partner’s car and we had come round a Bend stopped and indicated to turn right, whilst waiting for a police van to go past the turning i was waiting to go into. Someone smashed straight into the back of our car. Our car was a write off. The police witnessed it. Since I have had headaches and pain in my back and neck. Is this enough for a claim?

You can absolutely make a claim for compensation for the neck & back injuries you sustained as a passenger in the car accident. Our initial view is that you should have no problems in obtaining compensation for the injuries you describe which would appear to be typical with whiplash – an injury commonly associated with road traffic accident.

As we are able to operate remotely, we remain available to help you to start your claim, despite the current restrictions. We look forward to hearing from you.

I was driving on the outside lane of a dual carriageway, overtaking another vehicle, when they veered into my lane without looking. I am unsure whether our vehicles collided, as I lost consciousness during the subsequent impact. The driver failed to stop. Witnesses state I collided with the central reservation, spun multiple times across the carriageway, and hit a tree. I was taken to hospital where I underwent x-rays, ECGs, and multiple CT scans. I now have Chest, neck, right shoulder, lower back, hand/wrist pain.

If your injuries can be attributed to the negligent driving actions of an untraced 3rd party vehicle (if the other car fled the scene and no registration details were obtained), you could seek to pursue a claim for personal injury compensation via the Motor Insurers Bureau (MIB) untraced driver scheme. If the incident was reported to the police, our specialist Solicitors can help you pursue such a claim on a No Win No Fee basis. Please call us on 01225430285 to further discuss this matter with us.

Hi my car was parked outside my house, I was in the back putting my baby’s car seat in etc… A dpd driver tries to park in Front of me hitting the front side of my car, I had a bit of a fright tbh, jumped up trying to get out quickly because I thought he was goin to drive off but as I turned round I think iv hurt top of my back and I hit my wrist on the head rest bar and its hurting me doin normal things with the kids etc… I got out telling him and he said he didn’t even feel it because he got a big van. He has paid for paintwork to be done but has asked me not to go to my insurance. Not sure what to do.

You have a right to make a claim for personal injury compensation for any injury caused to you by the negligence of the driver at fault. If you have their registration details, you can pursue a claim against their insurance. The fact that they do not want you to claim from their insurance is not your problem. If you would like to make a claim, we’ll need a few minutes on the phone with you, so please call our team on 01225430285 quoting ref: 11032003 and we’ll be happy to help you.

I was hit at the weekend from the rear which has activated an older injury to my lower back causing me to suffer sharp pain when I sit for a while or stand and walk, would I have a claim? I did have headaches and stiffness the day it happens but really made light to stay at work then.

You were the non-fault party in the accident scenario you describe and as such, you have a legal right to pursue a claim for personal injury compensation for any injuries sustained – including the exacerbation of any pre-existing conditions. We strongly recommend that you seek medical attention and have the new and increased symptoms noted on your records and that you contact us on 01225430285 to start your claim.

I was turning into a car park in my works van to attend a job, an inpatient driver behind didn’t see me indicating and tried over taking which caused major impact. Have I got a case? I was fine on the day but 2 days later and my lower back is in agony

Yes, you can make a claim for personal injury compensation. The driver who tried to overtake you whilst you indicated to turn right is at fault and would be liable for the damage to your vehicle as well as any personal injury or incurred expenses (including lost income).

I was stationary at a round about when a car crashed into the back of me. The impact shunted my car forward quite dramatically and I’m now experiencing stiffness of the neck and shoulders. Should I claim for this and if so, how?

You absolutely have a right to make a claim for personal injury compensation for the soft tissue injuries you describe. The common term to describe the injuries you have sustained is ‘whiplash’. Our specialist Solicitors are able to pursue such claims on a No Win No Fee basis.

To start your claim, we’ll need to take some initial basic information about you, the accident, the injuries and the details of the vehicles involved so that we can then present your claim to our Solicitors. If you have not yet seen your GP, we would recommend that you make an appointment so that your injuries can be noted – this is important should the symptoms persist and prove to be more severe than you may hope.

I was a passenger on bus October 2019.A car pulled out off a sidestreet and hit the bus,there was just slightest shunt.3 days later went to Gp with pain in neck and shoulders.She prescibed painkillers and gel.A week after still had the discomfort and Gp sent me to A +E consultant said it was due to whiplash.I have been onto bus company and they have told me 3rd party admitted liability.I have been for a medical report in November and submitted to insurance company.Why would this take so long?Or is there something else i should do?

Are you representing yourself in this claim or do you have a Solicitor? If you have a Solicitor, they will ensure that the medical evidence is properly considered when settling your claim and will ensure that appropriate timescales are adhered to in making your claim.

If you don’t have a Solicitor acting for you, you could still make such an instruction. The timescales you mention are on the longer side of expectations and the outcome of the medical report consideration by the insurers should be chased. Our article on bus accident claims might also be of interest.

Hi I was driving through country roads , and a tree fell in the road I got my brakes on just in time for the tree to only fall on my bonnet , but I believe I have suffered some sort of injury to my lower back a neck as I have woken up the next day in a lot of pain could this be from the force of the emergency stop …

If the tree that fell on to your vehicle was blown down in the recent storm, you would not be able to make a claim for personal injury compensation. Whilst unfortunate, in such circumstances, the tree falling is not an act of negligence but simply due to a severe and unpredictable weather phenomenon.

Hi – I wonder if I am too late to make a claim for my whiplash injury?

I was involved in an incident in January 2018 whereby I was waiting at an extremely busy roundabout when I was shunted from behind by a large delivery truck. At the time I felt a bit shaken from the shock (as obviously it came out of the blue)m but the driver instantly came out of his truck to apologise and suggested we should park up near to where the accident took when he could give me his details, who he worked for etc, if I wanted to make a claim.

Looking at my rear bumper there appeared such minimal damage, if it was my own car, I would probably have told him everything is ok and not to worry. But as it was a company car I was driving I had no option but to take his details as I would have been charged for at least some of any minimal repair bill. The damage itself actually came to over £1,000 – but this is not my issue. When I got back to the office where I worked I genuinely felt ok. In fact when someone suggested ‘I bet you’re going to make a claim for whiplash’ I just replied I wasn’t, I was ok….

About three weeks later I suddenly felt a stiffening of my neck on the left hand side. I put it down to perhaps sleeping funnily, but this was like towards the end of my day at work when it happened. I though it may have been something to do with the accident, but then thought ‘nope’ probably not. which then soon went from probably not to ‘hopefully’ not in my mind.

Anyway, long story short, between that time and now (which obviously now is bordering on two years) my instances of ‘cricked’ neck have become increasingly more frequent, increasingly more painful, and increasingly longer in duration. So much so, a bout I had less than two weeks ago has returned with what feels like more pain than ever before. I’ve actually tried to sleep with my forehead buried in my pillow to get some relief (and least quality sleep), because whichever way i try to lie – to the left or to the right, on a pillow or without one, the pain persists to one degree or another. sometimes enough to make me give an involuntary ‘yelp out’….

I’m not sure how I stand here, not least because this was such a long time ago, but if i could still get some compensation – even if this is purely for medical treatment – I would be more than happy to take it right now.

I’m seeing my doctor at 2.00 today, supposedly to talk about a slight knee problem I am having, but this pales into complete insignificance right now. my neck is just so painful…Obvious I will mention this to her, but to be honest, this will be the first time I will have spoken to a doctor about my neck problem. I struggle to even mention it to my wife or children for the ‘what did we tell you’ response…..

If nothing else, thanks for reading this. I’m glad Ive wrote about it if nothing else….

If you did not seek medical attention within a few weeks of the incident, the reality is that you will be unlikely to make a claim now. This is because the 3rd party insurers will simply ask for evidence that their insured caused the injury and without medical evidence to prove that you attended the GP within a few weeks of the incident and discussed the rta and your neck issue, you cannot provide any evidence.

Hi. Was involved in a accident this morning, when I was stationary by a red traffic light and suddenly got a jolted by the car behind me. It transpired that the car behind me (Car 2) was also stationary and that the car behind him (Car 3) had collided into him thereby causing car 2 to ram into the rear of my car. Besides a few scratches, damage to my car is minimal, however I was jolted and have now got pain in my neck and upper back. I contacted Car 3 insurance and told them of the incident, upon which the “advised” that I need to contact my Insurance company to deal with the claim for my injuries. I told them, that I had no intention in letting my Insurers handle the claim as they are no reasons for them to get involved. Question: Is my potential claim against the Insurance company for Car 3 or Car 2? How can ensure that 3rd party insurers deal with me direct rather then via my Insurers?

In cases such as the one you describe, it is most likely that car 3 (as you describe) is the liable party in full and is responsible for the losses and potential injuries of both yourself and car 2.

If you have already attempted to pursue a claim against car 3’s insurers directly and been rebuffed, you can – if you are determined to represent yourself rather than instruct a specialist personal injury Solicitor to act for you – contact car 3 insurers and ask for their claims department and submit your own claim to them for the injuries you have sustained. Whilst you have the right to pursue your claim directly, you should consider whether you are able to represent yourself adequately or whether it may be prudent to make an instruction to a specialist personal injury Solicitor to act on your behalf to ensure that your interest and rights are upheld. Should you opt to instruct a Solicitor (such as those with whom we work), you would be able to do so on a No Win No Fee basis, thus not risking any financial implication should your claim fail.

An important item for consideration in the scenario you describe relates to the apparent low velocity impact (LVI) in this incident. In your case, establishing liability for the accident against car 3 should not be a problem. However, the 3rd party insurers are almost certain to argue that whilst the collision occurred, the speed of the collision and the amount of damage to your vehicle indicates that your injuries are not consistent with the mechanical forces of the collision. As such, they will likely reject that your injuries were caused by their driver. With this in mind, having a specialist Solicitor act for you, ensuring that appropriate medical evidence is obtained to demonstrate that you have sustained soft tissue injuries as a result of the collision may well be the most sensible course of action.

I was driving home from work and whilst straightening up after turning right on a roundabout on the nearside lane a jeep to my right started cutting me up in order to get into my lane. He was so close that I couldn’t see the window of the passenger door and in order to avoid him colliding with me I swerved to my left, hit a high kerb with a loud bang, jolted back into my lane, stopped my car, put on my hazard lights on, pressed my horn and managed to memorise then copy the registration number down in my diary. I got home and was in a stressed state. I called the local non urgent Police number. The officer was able to tell me that the vehicle (Jeep Compass) was a hire car and that he was sending paperwork for me to write a report as hitting the kerb had damaged the alloy wheel and scraped the bumper and it was classed as a road traffic accident. Over the next few days I developed excruciating pain in my shoulder which radiated to my neck. On Wednesday 25th Sept. I retired from work, had awful pain and at the end of the day attended an urgent appointment. I was diagnosed with whiplash and told to take painkillers and that’s where I am today, still trying to find out how to sleep through the night – keep waking up at 03:00/03:30 every morning in great pain (across shoulders and neck) and sitting up in a chair till about 07:00. I have completed a police report explaining exactly what happened but I feel that the offending driver can deny everything and as I have no video/witnesses then there is little I can do. Apparently the police have contacted the company which hired the vehicle. It is my word against this driver, he caused me to swerve and I end up with all this pain. Any advice would be appreciated. By the way I have heard the word whiplash mentioned many times but never in a million years did I imagine how much dreadful pain was involved.

You are right in what you say regarding whiplash. For many people it is seen as a ‘joke’ and disregarded as being a made up injury. However, those of us who work with claimants pursuing claims for whiplash compensation (and for people like me who have suffered the injury personally), we understand just how debilitating the worst of the symptoms can be.

You have done the right thing in terms of reporting the details of the incident to the Police. However, as you point out, whilst you are clearly the ‘innocent’ party in this incident, without any corroborating evidence or witness information it is very easy for the negligent driver to deny any knowledge of the incident. With this in mind, it could make it difficult to succeed with a claim for compensation.

We would be happy to speak with you to obtain further details from you regarding the incident, the Police Reference number and the vehicles involved so that we could pass the details to our specialist whiplash injury compensation Solicitors. They would then be able to make initial enquiries with the alleged defendant and see if anything positive could be achieved for you. If you would like to take that further, please email me directly and we’ll obtain the information needed from you (ian@direct2compensation.co.uk).

I was involved in an accident in a car park on 22.12.2018. I was stationary on the left hand side of the road. Third party driver reversed out and hit my driver side door and driver side passenger door. It caused a big dent in my driver side door and small dent in the driver side passenger door. The Vehicle Engineer’s report stated both doors needed replacing and the damage was worth £2300 pounds approx. I have been paid for the damage and had repaired. I suffered from Neck and Lower Back injuries and went to the GP 07.01.2019. GP confirmed I have whiplash injuries and advised to take painkillers. I was sent to a medical examiner by my solicitor on 26.02.2019. The medical examiner said my neck and lower back injuries were there but I was normal from 80-89%. The defendant has rejected my injuries and says her car ‘nudged’ mine. She was only travelling at 4-5mph in her defence. They have requested to see my medical records. I was involved in a fault accident 7months prior to this one and was hit on the driver side door and passenger door but I was at fault. I self medicated. Please can you advise?

In cases of low speed vehicle collisions (known as low velocity impact or LVI), defendant insurers will seek to fight any claim for personal injury compensation.

Clearly in your case, liability is not in dispute for the accident itself so the issue is proving causation – that the incident on 22nd December 2018 was responsible for your neck and lower back pain as diagnosed by your GP 10 days or so later. Your Solicitor will therefore seek to use the medical evidence that they have – your medical records and the medical examiners report to force the defendant to agree to compensate you for your injuries.

As you were in a previous collision in the year before the incident, that could be taken in to account but as you did not attend your GP for treatment, there is unlikely to be too much difficulty for your Solicitor in confirming that the injuries you presented to your GP with on 7th Jan were ‘new’ and not caused by the previous collision.

Thanks for the advice. Will the Damage to my car also have bearing on my injuries? Both doors needed replacing and the vehicle examiner classed the damage as moderate. Also before the vehicle was assessed I obtained an estimate from the dealer for the damages and they also confirmed that both doors needed replacing. With regards to the 3rd party claiming LVI – surely the damage to my vehicle cannot be minimal. I have provided details of my previous at fault accident as well to my solicitors. I have also had history of very low vitamin D and Rickets when I was younger.

The severity of the damage to your vehicle could be relevant in proving that you were indeed injured. Clearly, if a vehicle is ‘badly’ damaged, it is easier for a Solicitor to demonstrate that a claimant has been injured in the collision.

I had a car accident the other day. I was fine straight afterwards, but later that day I was in pain. The following morning the pain was a lot worse (right shoulder, arm, neck, back and chest pains), so I went to a&e where I had x-rays etc. I was told that nothing was broken, just badly inflamed muscles and tendons and I was prescribed strong co-codamol (30 x 500mg) and given a copy of the prescription from a&e is that enough evidence for a claim?

The evidence that you mention from A&E would certainly support your claim with regards to demonstrating that your injuries are confirmed and diagnosed professionally.

The evidence you need to provide to start the claim is the identity of the offending driver who was liable for the accident. With this in mind, we would simply need the vehicle registration for both parties and your personal information to start your claim for compensation.

I had compensation for whiplash in 2012. Still have pain, loss of movement, and paralysis of arm, shoulder and neck and pain, my neck and shoulder hurt all the time. Just found out I have degenerative disc disease and spondylosis is there anything I can do as it all started after that car accident

As you have already made and settled your claim for the injuries sustained in 2012, there is nothing you can do in terms of revisiting that claim or pursuing a claim for further damage.

The defendant insurers who settled your previous claim would refuse to further compensate you as you would have settled the matter on a full and final basis. I assume that you were represented by a specialist Solicitor and that your injury damages were calculated on the basis of a specialist medical report?

I was in an accident this Tuesday morning, 20 August. I was hit by a taxi at the back of my car. Impact was so hard, my car was pushed to the other side of the road to on coming traffic. With the grace of God the other car stopped in time avoiding hitting me too. Later that day i started feeling discomfort on my right shoulder and neck. And today the pain in my neck is worse and my back too. I keep taking painkillers to numb the pain. So now I suspect whiplash from the accident. So my question is.. do I qualify for a claim?

Thank you for your comment. Yes, if you were hit from behind in a road traffic collision, you would be entitled to claim compensation for any injury or loss caused by the negligence of the 3rd party driver who caused the accident.

If you would like to pursue your claim with us, please call us on 01225430285.

Yes, you can make a claim for the 2nd incident as well as the first claim and it will not impact on the first claim. Your 2nd claim will enable you to claim for the exacerbation of the previously sustained whiplash injury and also for any newly caused injury or loss.

Hi Ian, if my vehicle was not actually hit (except with a piece of metal no larger than 1 lbs) but used rapid turning/braking to avoid an accident, do I still have a claim for whiplash, and/or previously asymptomatic spinal stenosis, which was aggravated by the incident?

You can make a claim against whoever was responsible for the item that caused you to take evasive action. To pursue this, you’ll need to be able to identify the proposed defendant and have evidence to support your claim such as having made a police report or having reported the piece of metal to whichever company had responsibility for it. I assume it fell from a vehicle or building as you drove?

I was hit from behind and am having terrible pain. I have the police report stating said claim. I am having headaches and sleepless night and lost work and unsafe car. It has been a week and no one at the insurance company has come out to see damage. I am going to the hospital to have mri. Please advise what I can do? Do I have a case? My fiancé is out of work and receiving chemo, I am only provider for us.

I was stopped at a red light, a truck came up behind me and did not stop going about 40MPH, and struck my car. I struck the car in front of me. I had by seat belt on which made me go forward and twist so the right side of my head hit the steering wheel, then I came back and my head hit the head rest of the seat. After my dizzy spell was over I actually got out of the car and being pretty angry yelled at the man “Are you drunk?” And he said “yes”. The police arrived and I told them all of this. They took me to the hospital because of dizziness and headaches, did ct scan and X-ray of back but no mention of whiplash and was discharged. I woke up today couldn’t even raise my head, my shoulders and neck were in extreme pain, went to my GP and she said it was Whiplash and put it on my diagnosis sheet. Do I have a reason? Even though the emergency room didn’t diagnose it? Thank you.

It is not uncommon for soft tissue injuries such as whiplash to not be immediately present or noticed by someone who has sustained such an injury. Typically, the symptoms from injuries such as whiplash will develop within 12-72 hours post accident. In this case, as your GP as now noted the whiplash symptoms on your records, you can add that injury to any claim you go on to pursue as a result of the road traffic incident you have mentioned.

Hello. The car I was driving was involved in a low speed collision at a crossroads in January 2017, when a car entering the junction from my left failed to give way to my priority. Instead of stopping, it apparently maintained a speed of around 30-35mph, which resulted in the front of my car impacting the offside rear wing of their car, at a speed of 15-18mph. I later suffered neck pain which I attributed to whiplash resulting from my car not only being halted in the collision, but also jolted hard to the right. As the pain was significant, I was advised by my insurers to submit a claim for compensation, which has been ongoing since April 2017. In January 2018, my solicitors engaged the services of an orthopaedic consultant who examined me and requested an MRI scan to assist his diagnosis, however this was not carried out until May this year. As a result of the MRI scan, he has now formally reported that my post-accident neck pain was due to a sprain in my neck, from which I will have recovered within 12 months, but that the MRI scan has identified that my ongoing symptoms are “due to a sprain of a constitutional pre-existing degenerative osteoarthritic cervical spine, and not the accident”. Should I challenge this opinion? Many thanks.

How do you counter measure the wild claims made by some Orthopeadic/Nuero experts, “that the accident aggravated pre existing degenerative changes of the cervical spine”. This is quite clearly an Insurance Company “get out” excuse that “joint single expert”doctors will re-inforce for a fee. No doctor can tell you what part of your cervical spine has been damaged, reason being an MRI cannot show microscopic damage to the Facet joints within the vertabrae. They are guessing, period!. Every single human being on this planet has degeneration of the cervical spine (neck). It is a fact of life. You had this disease at the time of the accident but caused no problems but now afterwards you are suffering and make no mistake the condition can become chronic lasting many many years. I have been rear ended four times over 20 years so I am writing from experience. What I really dont understand is that my last accident trapped a nerve in my neck at C8-T1, (confirmed by MRI) but according to the Joint single expert it’s down to degeneration! These experts who make these ridiculous claims should be reported to the GMC! although my Hospital Nuero Surgeons say otherwise. I rest my case.

The frustration you have regarding disagreement on the contents of a medical experts report in to an injury suffered in a non-fault accident and to what extent an expert may attribute symptoms to an accident or to degeneration is understandable.

The problem is that nobody can look in to the future or know what the future holds. Therefore, it is not possible to say with certainty that the symptoms of pain or discomfort that are noticed after an accident would not have developed naturally in years to come.

The vast majority of medical expert reports confirm that the injuries and symptoms that they have been asked to assess were fully caused by the accident that forms the basis of the claim for compensation and most claimants are happy with the outcome. However, for those claimants who are left disappointed with the contents of a medical report, their frustration (and that of their specialist Solicitor) is understandable.

Hi Ian Thank you for your very informative response. Over the years I have dealt with “experts” whose very expensive reports would make fine comedy scripts with one joker even advising on vehicle crumple zones!! Very much against the rules of expert evidence. What the main problem with expert reports is that due to the mechanics and nature of neck injury most of the injury cannot be seen, so look at medical history of client, consider age, well yes, cervical spine degeneration, broad blanket covers all. The majority of these experts I have dealt with clearly do not understand the huge forces involved with rear end shunts. Many hundreds of people have been denied the proper level of compensation due to negligent medical reports that the lay man cannot reasonably challenge. I challenge my experts through CPR 35 .4 questions which most lay people are unaware of. A fantastic and very informative site Ian, well done and keep your good work.

Thank you for your kind comments. We appreciate that the system is not perfect and that many of the cards are held by the well funded and powerful insurance lobby – which makes succeeding with a claim for personal injury compensation far from easy.

With this in mind, it is why we have tried to make our service and our website a strong and accurate resource for prospective claimants in order that people looking to pursue a claim for personal injury compensation can do so understanding their rights, knowing what they should expect and what they can do to give their claim the very best prospect of success.

Ian Morris 29th August 2019 at 3:44 pm

The problem in challenging the conclusion about a pre-existing injury or condition is how do you do so? How can you argue with medical opinion?

For many people making a claim for personal injury compensation, an element of age related or degenerative conditions will be noted within a medical experts report. This is particularly common amongst those who are making claims for injuries relating to the spine, neck and joints. Of course, it is disappointing to receive such a report as it may appear that it will let a defendant insurer ‘off the hook’ a little in terms of the level of damages that they will have to finance in settlement of a claim.

In your case, it would seem that the medical expert is of the view that your symptoms will persist for 12 months but that the ongoing issues that you are having relate to pre-existing degenerative problems within the area of the injury. You should discuss with your Solicitor as to whether or not there is any realistic possibility of being able to challenge the opinion of the expert. Whilst you could seek a 2nd report from a different expert, this is a risky option. Firstly, you would likely have to pay the cost of the 2nd medical (as you wouldn’t be able to recover the cost of a 2nd medical whereas you can with the first one) and secondly, another expert may well reach the same conclusion as the first expert, in which case you would be out of pocket with no benefit.

Hi i was in a car accident 2 weeks ago i have put a claim in …The car that hit us was a stolen car with false plates and in pursuit with 3 police cars on the the motorway. Do we stand to sue the police who really endangered us by chasing this stolen car to the point that it crashed into us? Obviously the suspect was arrested at the scene?

You would not have a valid claim against the Police as they were acting lawfully and fulfilling their duty in attempting to apprehend the stolen vehicle and driver.

The liable party in this matter is the stolen vehicle and drive as they were acting negligently and caused the collision – not the Police. We can assist you with claims for compensation even though the vehicle was stolen and possibly uninsured. The claims would be made via the Motor Insurers Bureau (MIB) and can be made on a No Win No Fee basis with our specialist Solicitors. You can also claim directly via the MIB without legal representation if you prefer.

A few days ago i was driving behind a delivery truck, the driver missed his turn so stopped suddenly and put it in reverse so I stopped but before i had chance to start reversing he’d backed straight into me. He admitted to being at fault at the scene, we exchanged details and left it at that. However, today my shoulders and neck have stiffened up and become quite painful. Would I have a valid claim?

You would absolutely be able to make a claim for the developing ‘whiplash’ related symptoms you are noticing. Injuries such as whiplash which are of a soft tissue nature are commonly not immediately obvious. Certainly with people suffering whiplash type symptoms after a car accident, it is not uncommon for the injuries to start to develop after 48-72 hours post accident. If you have not already done so, you should report the incident to your own car insurance provider so that they can resolve the claim for any damage to your vehicle.

You should attend Hospital or a GP surgery regarding your symptoms and explain to them how they were caused. Once this is done, you should contact us so that we can get your claim up and running with our specialist Solicitors.

Hi I was a passenger in an uber taxi we was at traffic lights and a car hit us hard. I suffered trapezius muscle injury from which I had to go to the doctors for, they prescribed me painkillers and stomach tablets. Can I claim?

Hi I went into the back of a car that had stopped suddenly at traffic lights. I have a few injuries also my son and girlfriend who were both in the back seat have pain in their necks. Can we claim? Or because I went into the back of a car it’s my fault?

Unfortunately, you cannot claim as you would be the liable party in this accident. Whilst the car ahead of you may have stopped suddenly, the highway code placed an obligation on the following driver to have allowed ample space to avoid any collision. Therefore, you have no party against which to place liability and pursue a claim for compensation.

Your Son and his Girlfriend however can pursue a claim for their injuries. Whilst their claim would be made against your car insurance cover, it would not have any greater impact on your insurance renewal as a claim will no doubt be made by the other vehicle driver for any damage to their car and potential injuries.

We would be happy to assist your Son and his Girlfriend with No Win No Fee claims for compensation as a result of their injuries sustained in this car accident. To start any claims, please call us on 01225430285 or, if they prefer we can call them.

I’ve been in a car accident on the 28 june 2019, at about 02:00 we were on the way home and i was a passenger, my friend was driving I told him I’m going to close my eyes for a couple minutes. I was woken up by a big bang and when I opened my eyes we were standing still in front of a big tree, my head went through the windscreen and flipped back into seat with a severe headache and my neck starting to pull stiff. I’ve asked him what happened and he said someone thru stones at the car and he lost control and went into a curb n that big tree. I was booked off work by my doctor for 2 weeks and I’m still in pain, I can’t sleep at night and getting up in the mornings gets worse by the day, I get dizzy when I lift myself out of bed. I was in work today after two weeks and my boss send me back home cause he could see I was still in pain and I must go see the doctor again tomorrow for this discomfort, which I know he’s going to book me off again and I’m the breadwinner of my family. To whom this may concern, can you please help!

I had an accident in December 2018, when I was with my wife and my son. A van hit my can from behind. I took a picture of the cars and his face and then afterwards, I called my insurance to pursue a claim.

The insurers called me after 3 months and said they denied the accident – even though I had sent the evidence!

After 6 months the insurers accepted the accident had happened but they would not accept the whiplash claim. My Solicitor sent me to a Doctor for a report and then recently sent the offer to the insurers. However, the way he was talking wasn’t very confident about whether they would accept the claim.

Now I don’t know what to do! My solicitor said because they got the garage report and it was only a small dent and only cost £800 to fix, that it shows it was a low velocity impact and that they can refuse the claim?

I had an accident in September where a car tailgated me and then hit me from behind at standstill traffic. I had a medical examination and have had over 8 physio sessions. My solicitor through my insurance is now saying there is not enough evidence of ‘car damage’ to go to court for it and that the other driver isn’t admitting liability. The other driver allowed me to take photos of his insurance documents, driving license and car at the time of the accident. My solicitor is now saying all he can do is to go to the insurer with a settlement fee but if this doesn’t go through my case will be closed as there is no litigation. What is usually the outcome of this? Is there anything more I can do?

Sadly the scenario you describe is becoming more and more common in cases of low velocity impact (LVI) road traffic accident cases. Whilst there is evidence to show that injuries commonly known as ‘whiplash’ can occur in low velocity impact accidents, there is also contrary evidence to show that this may not be the case. Insurers have jumped on this and now fight hard to discredit a claim for whiplash related injuries even if medical evidence corroborates such a claim if there is no visible vehicle damage.

Was your car damaged? Was it repaired? Do you have an engineers report that can be used to add weight to your claim?

Hi i was recently involved in an accident where the car in front slammed on their breaks. We were in traffic and the car moved off then slammed on. There was no damage to their vehicle or mine and we agreed there was no need to make an insurance claim. The person has now put in a claim and is also claiming for whiplash. I know 1000% that there is no possible way they have whiplash! What can i do?

You can and should make an immediate allegation of fundamental dishonesty against the claimant. In cases where there is no vehicle damage and no claim is made for vehicle damage, you should be able to get an agreement from the otherside that the impact was not sufficient to cause physical injury.

I was involved in an accident yesterday which wasn’t my fault but insurance is saying it will probably go to a knock for knock unless I try and fight it, I have proof of her admitting fault and also a witness to say she seen the car speeding a minute before it hit me, I have whiplash and tissue damage and was wondering if I could still claim if it will go for a knock for knock and if I don’t go through insurance?

It would seem that you have some good evidence to support your claim in this matter. Given that, you should immediately make sure that your insurers are aware of this and make sure that they have copies of the evidence.

Me, and my family were hit recently whilst parked in a lay by outside my child’s school waiting for it to open. Our car engine was off and we had no belts on as we had been there about 10 minutes already. Me and my parter have been to the doctors today as we both have pains in neck and shoulders, the doctor said it has just muscle pain from the impact. Can we claim?

Yes, you can pursue a claim against the offending driver and we can help you pursue your claims on a No Win No Fee basis. If you have the vehicle details for the 3rd party that caused the accident, our specialist Solicitors will be able to pursue a claim against their insurers for any injuries and associated losses caused. Your Doctor appears to have diagnosed ‘soft tissue’ injuries and commonly in cases of Road Traffic Accidents, this refers to whiplash.

If the 3rd party vehicle drove off, you don’t have their details or they were uninsured, we can still assist you in claiming compensation for the personal injuries you have sustained.

I was involved in a 2 car accident on the m6 motorway last night. A car braked suddenly in front causing the car directly in front of me to come to an emergency stop. I attempted to swerve to avoid a collision but impacted the rear nearside causing damage to both vehicles. I have severe neck pain and stiffness and will be going to the doctor. Is there anything I can do to claim? Thanks

There is no harm in allowing us to further investigate your prospects of claiming compensation. As we work on a No Win No Fee basis, if we can’t take your claim further or if we do and it fails, you will not face liability for costs.

The main ‘problem’ I can see at this stage is the issue of you being the car at the rear. Whilst you have not directly caused the collision, as the car behind you would normally be expected to have been sufficiently distant to be able to stop should the cars ahead break or change direction. Clearly, you have attempted to avoid collision, but not been able to do so. The car that came to an emergency stop would have done so for a valid reason, so it may be hard to establish liability against that driver.

So that we can take this further, please make sure that you have the vehicle registration details of all parties involved and email them to us at justice@direct2compensation.co.uk along with a brief explanation of the incident and your contact details.

I was in a car accident and hurt my back and neck, is it possible to claim compensation for my injuries but not my car as it’s just scratches and scapes on the front bumper. As it’s a 12 year old car and think they would write my car off as it would cost too much to respray! I don’t want to lose my car.

I accidentally crashed into someone in extremely slow moving traffic. No cars damaged. He is claiming wiplash. I was in greater shock than he was. He was taking photos, taking details etc. I could not move, but did see no damage was done to the cars. How wiplash is investigated? Are independent doctors assessing it? My concern is that claimant was harassing me about garage fees and me being difficult trying to talk to my husband about “car damage”. I informed my insurance.

In a road traffic accident, it is not always the case that a vehicle needs to appear badly damaged for an occupant to sustain whiplash injuries – this is especially true when an accident involves newer vehicles.

If you are suspicious about the claimant and believe that this person may not have suffered whiplash, but has instead fabricated his symptoms, you need to report that to your insurers to allege a possible case of fraud. The insurers will then investigate the claim to ensure that the only payments made out are legitimate.

Hi, I was in my friend’s car when we were involved in an accident. Driver behind failed to stop at the lights and plowed straight into us. Details have been exchanged. In terms of whiplash claim, does my friend claim for all this on his insurance? Or do I need to process my own claim? If so, do I need to speak to my own car insurance company? Or do I just find a private law firm to help me? Also, 3 months ago I was involved in a robbery, where I suffered cuts and injuries. I have severe back pain and GP is currently assessing me. I am also in the process of making a claim under Criminal Injuries Compensation Authority. Will any of the above cause problems with my whiplash claim? Will they see that I’ve already been to my GP for back issues and think I’m milking it now. Will they link my new injuries to my previous incident and void any new claim?

You need to pursue your own claim and seek a specialist (such as Direct2Compensation and the Solicitors we work with) to act for you on a No Win No Fee basis. This is not something that you need to discuss with your own vehicle insurance company as it is a separate matter and best kept so.

The issues you mention with regards to your ongoing claim with the CICA is not something that would stop you from being unable to make a claim for compensation for the worsening of your symptoms or any new injuries caused in the recent road traffic accident. Of course, you have done the right thing in immediately raising the issues of the pre-existing injuries as they do need to be disclosed to any Solicitor you instruct.

Please call us on 01225430285 or use the ‘start a claim’ page of our website to start the ball rolling with your claim for compensation. We have expertise in managing claims such as yours and our specialist Solicitors would ensure that you were appropriately compensated for the injuries sustained and that the right medical evidence was obtained to demonstrate the exacerbation of any pre-existing injuries.

Hi, I was in an accident a little less than 7 days ago. It was a side impact accident from a roundabout where the person didn’t yield and I was already in the roundabout. I had back pain, neck pain, and a headache almost immediately and numb fingers and toes but I attributed the numb fingers and toes to the cold. I went to the doctor a couple of hours later after the police report and everything was taken care of. The doctor basically told me I have whiplash but they didn’t do MRI’s or anything. My back has been on constant pain since. Only heat to the back helps slightly. I’ve taken extra strength tylenol and advil and they barely make the pain bearable. Some days the pain is worse then others and some days I got like a shotting pain down the outer side of my hip and other days no shooting pain. It hurts to bend, and move. It is affecting my work now and I feel very limited. Do I have a case? Or is it too late since I didn’t get MRI’s done?

It is not too late to make a claim or even seek further medical attention at this time. The accident was only 7 days ago and it is unlikely that an MRI scan would be arranged so early in the injury process. What you should do is return to your Doctor and discuss your symptoms and suggest to them that you should have further investigative scans to find out exactly what has happened.

UK Law affords you a period of 3 years from the date of your accident in which you can make your claim for compensation.

This driver hit my parked car. My daughter who is autistic with learning and behaviour problems and myself sustained whiplash went through all the procedures with my insurance and referred to injury claim lawyers, medical report by their doctor and my GP confirmed our injuries. The third party denied liability, the claim was in process unfortunately the firm dealing my case went into liquidation. After that in 2017 I went to claim 500 they referred me to Appleby solicitors.They applied for court hearing. The third party has taken a report saying it was low velocity impact insufficient to cause injury, my solicitor is now telling me to discontinue and also I will have to pay court fee and third party insurance expenses. I am a carer for my daughter and don’t work. I don’t know what to do please help. In all this my daughter and myself suffered physically as well as emotional stress because of the other drivers intimidating behaviour. My daughter is 32 years old. This accident was in 2014.

Hi there, 2/3 years ago I was involved in an accident in a Supermarket Car park. This driver drove into the side of my father’s car, from a parking space, causing us occupants to have severe pains, such as whiplash as the collision occurred. I have been suffering with a bad back ever since we had this accident a good few years ago. The driver was taken to court for it which we all had to give evidence against him. However, we never did as he admitted full liability to the accident. As a result, we were given a settlement via his party, I’m unable to remember if it was through insurance or something different. I as well as my family members were given £2,600 as a settlement.

In recent years, I have managed to overlook the pain of my back as it hasn’t been bad, however, after starting a new job role, it has come back. In my previous employment,I also struggled with my back but I hid it because it was only minor.

As a result of me being unable to hide it anymore, I unfortunately, reluctantly, went to my GP. They have prescribed me some anti-inflammatory tablets to try and help with my pain. I have explained all of this to them but they do not seem to be doing anything and taking me very seriously.

My back has only been bad ever since the accident, however, as the driver admitted liability to it, we never got the day in court.

Is there any advise you’re able to give to me? I’d be eternally grateful.

Given that this matter was settled with the defendant driver admitting liability in full there is nothing further you can do. The defendant did not have to go to court on the basis that they admitted liability for the accident. As you and your family members have accepted a full and final settlement of £2,600 the matter will be deemed to be closed.

I would ignore what was said to you in the Hospital – if your GP is happy to confirm your injuries and list them on your medical records, they are then hard to refute.

When anyone pursues a claim for compensation for whiplash injuries, it is usual protocol for them to undergo a medical assessment during the claims process in order that the extent of the injury can be determined and prognosis for recovery confirmed. It is from this that the value of a whiplash compensation claim can be decided.

If you would like some help to pursue a claim for whiplash compensation, please call us on 01225430285. We would be most happy to help you.

Hi i have gone through all the procedure with an insurance company and I was hit in the rear sat at traffic lights i have never been in an accident before and in didn’t take pics of the car. I have then sold the car the other month weeks after the accident and now the solicitor is asking for photos which they didn’t ask for at the time and now they say they can not make a claim because i do not have this evidence even though they have medical and physio reports, is this right?

I am sorry to hear that you have had a bad experience to date with your claim for whiplash compensation. I am not sure why the claim should be dropped on the grounds of a lack of photographic evidence of the damage to your vehicle as there is not necessarily a requirement for photographic evidence of vehicle damage to be provided. We could certainly ask our specialist whiplash compensation solicitors to discuss this with you, with a view to taking over the claim for you – if it were deemed to be an appropriate course of action to do so.

Clearly, I can only comment on the basis of your comment as I do not know the full extent of the response to your claim by the 3rd party defenders. It could be that the 3rd party are attempting to argue that the accident didn’t happen or that the collision speed at the point of impact was insufficient to cause the injury you have cited. If this is their argument, they are on a ‘sticky wicket’ as there is no evidence to support the view that low velocity impact collisions cannot cause whiplash. Indeed, there is a large volume of evidence that shows that low speed impacts can result in severe soft tissue injuries such as whiplash. Further, you have medical evidence in place that supports your claim and confirms whiplash injuries have been sustained. Sadly, many insurers are attempting to deny people access to whiplash compensation and you may well have seen reports in the news recently about further attempts to deny people access to whiplash compensation and make access to justice that little bit harder.

I would be very happy to discuss this with you in detail. I look forward to hearing from you.

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Thank you so much for your help these last couple of weeks. It’s been a pleasure to work with you and I can’t thank you enough for all your advice and help you have given me to help me proceed my claim. Hopefully the Solicitors can help me get what I deserve from this matter. At the end of the day I’m not in it for the compensation, I just want the wages I’m owed. It’s been a very stressful few weeks. Thanks again!

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